setting forth the fact and terms of the sale, a deed for the telegraph line, franchises, 5 June 1888 § 4. property, stocks and bonds so sold, shall be executed in the name and under the seal of the commonwealth, to the purchaser or purchasers, signed by the governor and attested by the secretary of state; which deed shall vest in the purchaser or purchasers a valid and sufficient title thereto. P. L. 84. Ibid. § 5. 23. The said court shall have power to summon the officers of any such corporations, associations or companies, or either of them, by subpoena, citation or other- Powers of the wise, as the said court shall direct, to appear before said court and produce all of courts. its or their books and papers, and to examine them upon oath, to ascertain whether they are or any of them have violated the 12th section of the 16th article of the constitution of this commonwealth, and shall have power to enforce their appearance by attachment, as in case of other witnesses; or the said court may direct to be filed a bill of discovery in the said court against the officers, directors or trustees of any such corporations, associations or companies, or either of them, which the defendants therein shall answer under the compulsion usual in such cases, and the evidence so taken and their answers may be used, in the said proceedings, to assert the rights of the commonwealth. Ibid. § 6. 24. The purchaser or purchasers for or on whose account any telegraph line, franchises or property shall be purchased from the commonwealth, as authorized by Incorporation of this act, where an organization is effected and a certificate filed as required in the purchasers. proviso hereto, shall be and they are hereby constituted a body politic and corporate, and shall be vested with all the right, title, interest, property, claim and demand in law and equity of, in and to such telegraph line, with its appurtenances and with all the rights, powers, immunities, privileges and franchises of the said corporation, association or company owning the said telegraph line, property and franchises, at and immediately before the forfeiture thereof, under sections one Organization. and two of this act;, and the person or persons, for or on whose account any such telegraph line, property and franchises shall be purchased, shall meet within thirty days after the delivery of the deed from the commonwealth, public notice of the time and place of such meeting having been given, at least once a week, for two weeks, in at least one newspaper, published in the city of Harrisburg, and organize said new corporation, by electing a president and board of six directors (to continue in office until the first Monday of May succeeding such meeting, when and annually thereafter, on the said day, a like election for a president and six directors shall be held, to serve for one year), and shall adopt a corporate name and common seal, determine the amount of the capital stock thereof, and shall have power and authority to make and issue certificates therefor to the purchaser or purchasers aforesaid, to the amount of their respective interests therein, in shares of fifty dollars each; and may then, or at any time thereafter, create and issue preferred stock to such an amount and on such terms as they may deem necessary; and from time to time, issue bonds, at a rate of interest not exceeding seven per centum, to any amount not exceeding their capital stock, and to secure the same by one or more mortgages upon the telegraph line, property and franchises, or on any part or parts thereof: Provided, That the person or persons for or on whose account the purchase is made, shall organize by the election of a president and a board of directors, as above provided, within three calendar months after the delivery of the deed from the commonwealth; and within one calendar month after such organization, make a certificate thereof, under its common seal, attested by the signature of its president, specifying the date of such organization, the corporate name adopted, the amount of capital stock and the names of the president and directors, and transmit the said certificate to the secretary of state at Harrisburg, to be filed in his office, and there remain of record, and a certified copy of such certificate, so filed, shall be evidence of the corporate existence of said new corporation. TELEGRAPH DISPATCHES. See CRIMES. TENANTS IN COMMON. See JOINT TENANCY. 12 March 1867 § 1. P. L. 85. Effect of tender TENDER. See DEFALCATION. 1. Effect of tender after suit brought. 1. In all actions for the recovery of money, founded on contract, hereafter brought in any of the courts of this commonwealth, or before any of the justices of the peace or aldermen thereof, the defendant or defendants therein shall have after suit brought. the right, at any time before trial in court, to make to the plaintiff or plaintiffs a tender of lawful money equal to the amount he or they shall admit to be due, with all lawful costs incurred in said action, up to the date of making such tender; and if the party to whom such tender shall be made, refuses to accept the same, then in the event of the plaintiff or plaintiffs failing to recover more than the principal sum so as aforesaid tendered, with legal interest thereon, he or they shall pay all the costs legally incurred in the said action, after the time of the tender aforesaid: Provided, That the said defendant or defendants shall be required to keep up said tender, at every trial of the action aforesaid, and may pay the money into court, on leave obtained, but shall not be required to preserve or pay in the identical money originally tendered. (s) TERMS OF COURT. See COMMON PLEAS; OYER AND TERMINER. 1. Courts may fix their own terms. 2. Grand juries. 3. Duties of justices and constables. 18 March 1875 § 1. P. L. 28. Courts may fix their own terms. Ibid. § 2. Grand juries. Ibid. § 3. Duties of justices and constables. 10 June 1881 § 1. P. L. 113. tinued. 4. Terms may be continued. Jurors may be detained. 1. The judges of the several courts throughout the commonwealth shall be authorized, at any time hereafter, to make an order fixing the number of the regular terms of the said several courts, and establishing the times for holding the same, as in the opinion of the said judges the business may require; which order and all modifications or changes thereof shall be published in not less than two newspapers in each county of the district, at least thirty days before the time so fixed for the taking effect of said order. 2. It shall be lawful for the said judges, whenever the times for holding the terms of the courts of oyer and terminer and courts of quarter sessions of the peace have been established as aforesaid, to direct that the grand jury for any of the said terms shall be summoned, in the same manner as required under existing laws, to meet at such time prior to the holding of said terms as the judges of the said courts shall deem expedient; and if, in the opinion of the said judges, the business of the said courts at any time shall require it, the grand jury may be detained for an additional week, without the issuing of a new venire, and the attendance of prosecutors and witnesses may be enforced, during such additional week, by all proper orders and process. (t) 3. Whenever the judges of the said courts shall fix the times for the meeting of the grand jury, as provided in the second section of this act, it shall be the duty of constables, aldermen and justices of the peace, to make all such returns to the said courts as they are required under existing laws to make, on the day fixed as aforesaid for the meeting of the grand jury. 4. The courts of common pleas, the courts of oyer and terminer and general jail delivery, and the courts of quarter sessions of the peace of the several counties Terms may be con- of this commonwealth may, at any term or session, direct said courts to continue at the following term or session, one or more weeks in addition to those already provided by law, and for such additional week or weeks, to issue venires for jurors, as required for the regular terms or sessions; and may also, if necessary in the opinion of said courts, continue any of said courts (the regular terms or sessions inclusive), during a next succeeding week or weeks, and detain the general panel of jurors in attendance, without the issuing of a new venire for the said additional week or weeks; and enforce the attendance of parties and witnesses during such continued terms or sessions by all proper orders and process: Provided, That the provisions of this act shall not apply to cities of the first class. (u) Jurors may be detained. (s) See Sharpless v. Dobbins, 1 Del. Co. R. 25. 1879, P. L. 174, were held to be unconstitutional in Commonwealth v. Patton, 88 P. S. 258, and Snowden's Appeal, 96 P. S. 422. TESTAMENTARY TRUSTEES. See DECEDENTS' ESTATES; TRUSTS AND TRUSTEES. THEATRES. See AMUSEMENTS. THEATRICAL BUILDINGS. See MUNICIPAL CORPORATIONS FIRST CLASS. THREATENING LETTERS. See CRIMES. TICKET-SCALPING. See COMMON CARRIERS. TIMBER. See FIRING WOODS; FOREST CULTURE; LUMBER; REPLEVIN; WASTE. 1. Punishment for cutting timber on another's land. 2. Offenders to be liable to pay double the value to the owner. Or, treble the value, in case of conversion. Indictment not to bar action. 3. If defendant make oath that title to lands will come in question, proceedings to be certified to the common pleas. 4. Penalties extended to receivers and purchasers of timber so cut. And lumber made therefrom. De fendant may make oath that title will come in question. 5. Penalty for firing wild lands, in certain counties. 6. Duties of county commissioners. 7. Penalty for wilfully kindling fires on the land of another. 8. Reward for apprehension and conviction of offenders. 1. If any person shall cut down or fell any timber tree or trees, (v) knowing(w) 81 March 1860 § 152. the same to be growing or standing upon the lands(x) of another person, (y) with- P. L. 419. out the consent of the owner; or if any person shall purchase or receive any timber Punishment for tree or trees, knowing the same to have been cut or removed from the lands of cutting timber on another, without the consent of the owner thereof; or who shall purchase or receive any planks, boards, staves, shingles or other lumber made from such timber tree or trees, so as aforesaid cut or removed, knowing the same to have been so made; (z) (r) Timber trees are such as are used not only for building purposes, but in the mechanical arts. Commonwealth v. Lewis, Lewis's Cr. L. 506. See 1 Madd. Ch. 140 in note. Church v. Brownson, 7 Johns. 233. (w) The act 8 April 1833, § 11, provided that it should be sufficient to convict the offender, that he knew the lands on which the trees were growing did not belong to him, or to any person by whom he was authorized. P. L. 225. And see O'Reilly v. Shadle, 33 P. S. 489. Watson v. Rynd, 76 Ibid. 59. If a party proceed under the act 4 May 1869 (tit. "Waste"), he can only recover single damages. Wheeler v. Car penter, 32 Pitts. L. J. 179. another's land. (x) The act extends as well to unseated as to seated lands. Houston v. Sims, 12 P. S. 195. A ten (y) Possession under claim of title is enough. Commonwealth v. Hoover, 1 Bro. App'x. xxv. ant under a lease for years may be described as owner. Commonwealth v. Lewis, Lewis's Cr. L. 505. And it is unnecessary to prove that the defendant knew who was the owner. Commonwealth v. Caldwell, Lewis's Cr. L. 506. (z) As to form of indictment, see Moyer v. Commonwealth, 7 P. S. 439. Commonwealth v. Bechtol, 4 Clark 306.' And see 4 Am. L. J. 130. P. L. 419. 31 March 1860 § 152. the person so offending shall be guilty of a misdemeanor, and being thereof convicted, shall be sentenced to pay such fine, not exceeding one thousand dollars, or to such imprisonment, not exceeding one year, as the court, in their discretion, may think proper to impose. 29 March 1824 § 2. 8 Sm. 283. Penalty. 8 April 1833 § 10. P. L. 224. If defendant make oath that title to lands will come in question, proceed ings to be certified to the common pleas, 1 April 1840 § 1. P. L. 217. Penalties extended to receivers and purchasers of tim ber so cut. And lumber made therefrom. Defendant may make oath that 2. In all cases where any person, after the said first day of September, shall cut down or fell, or employ any person or persons to cut down or fell, any timber tree or trees, growing upon the lands of another, without the consent of the owner thereof, he, she or they so offending shall be liable to pay to such owner(a) double the value of such tree or trees so cut down or felled; or, in case of the conversion thereof to the use of such offender or offenders, treble the value thereof,(b) to be recovered, with costs of suit, by action of trespass or trover, as the case may be ; (c) and no prosecution by indictment shall be any bar to such action. 3. In all cases in which suits shall be brought before a justice of the peace, to recover damages for the cutting of timber trees, under and by virtue of the 3d section of the act of the 29th of March 1824, and the defendant shall offer to make oath or affirmation, agreeably to the second section of the act of the 22d of March 1814, that the title of the land will come in question, (d) the justice shall not receive the same, until the defendant shall enter into recognizance before him, with one or more sureties, in such sum as the justice may direct, to pay to the plaintiff, such sum as shall be recovered against him in the said suit, when removed as hereinafter directed, together with costs; and on the said oath or affirmation being made, instead of dismissing the said suit, the justice shall transmit a copy of the record thereof, and of all the proceedings therein, to the prothonotary of the court of common pleas of his county, who shall enter the same on his docket, and the said suit shall then be proceeded in, in the said court, as if originally rightly brought there. 4. All and singular the penalties and provisions of the three first sections (e) of the act, passed the 29th day of March 1824, entitled "An act to prevent the destruction of timber, and supplementary to the act, entitled An act to prevent the damages which may happen by firing woods,' passed the 18th day of April 1894," shall be and they are hereby made applicable to any person or persons who shall purchase or receive any timber tree or trees, knowing the same to have been cut or removed from the lands of another person, without the consent of the owner or owners thereof;(g) or who shall purchase or receive any planks, boards, staves, shingles or other lumber made from such timber tree or trees, so as aforesaid cut or removed, knowing the same to have been so made. And in all cases of suits title will come in brought before a justice of the peace under the 3d section (of the act) of the 29th day of March 1824, to which this is a supplement, against any person or persons for purchasing or receiving such timber tree or trees, or lumber made therefrom, and the defendant shall offer to make oath or affirmation, agreeably to the 2d section of the act of the 22d of March 1814, that the title of land will come in question, the same course of proceeding shall be had as is provided in and by the 10th section of the act of the 8th day of April 1833, entitled "An act relative to the supervisors in Loyalsock township, in Lycoming county, and collectors in certain townships in Fayette county, and for other purposes." question. 9 April 1869 § 1. P. L. 786. 5. Any person or persons who shall intentionally set fire to said lands (h) shall forfeit and pay a sum not exceeding five hundred dollars, nor less than fifty dolPenalty for firing lars, or shall be confined in the county prison for a term not exceeding one year, nor less than thirty days, or both, at the discretion of the court, on conviction in any of the courts of this commonwealth; one-half of said fine to be paid to the person or persons who make the information, and the other half to be paid into the county treasury. wild lands in certain counties. 2 June 1870 § 1. P. L. 1316. 6. It shall be the duty of the commissioners of the several counties of this commonwealth to appoint persons, under oath, whose duty it shall be to ferret out and Duties of county bring to punishment all persons who, either wilfully or otherwise, cause the burn commissioners. 11 June 1879 § 1. P. L. 162. Penalty for wil ing of timber-lands, and to take measures to have such fires extinguished, where it can be done; the expenses thereof to be paid out of the county treasury, the unseated land-tax to be the first applied to such expenses. 7. Any person or persons who shall wantonly and wilfully kindle any fire on the lands of another, so as to set on fire any wood-lands, barrens or moors, within fully kindling fires the limits of this commonwealth, shall be guilty of a misdemeanor, and on conviction thereof; shall be sentenced to pay a fine not exceeding three hundred on the land of another. (d) See tit. "Justices of the Peace." (e) The 1st and 2d sections are repealed by the revised penal code of 31 March 1860. (g) See Commonwealth v. Bechtol, 4 Clark 306. (h) That is, mountain and other wild lands in Union county; by act 2 June 1870, § 2, P. L. 1317, this provision is extended to the counties of Schuylkill, Lehigh, Berks, [Lycoming], Centre, Snyder, Luzerne and Union. But Lycoming is exempted from its provisions by act 19 May 1871, P. L. 950 P. L. 162. dollars, and undergo an imprisonment not exceeding twelve months, or either or 11 June 1879 § 1. both, at the discretion of the court; and prosecutions for such offences may be commenced at any time within two years from the commission thereof. Ibid. § 2. offenders. 8. Upon the conviction of any person or persons for any of the offences aforesaid, the commissioners of the county in which such conviction is had, shall pay to Reward for apprethe prosecutor in every such case the sum of fifty dollars, out of the county treas- hension and conury, as a reward for the apprehension and conviction of the offender, and the de- viction of fendant or defendants shall pay the same, with the costs, as in other cases, into the hands of the sheriff for the use of the county; and nothing herein contained shall prevent the prosecutor from being a competent witness in the prosecution aforesaid. TIME. 1. Uniform standard established. All business to be transacted with reference to standard. Proviso. 2. Construction of time prior to July 1, 1887. Subsequent to June 30, 1887. 3-4. Computation of time. P. L. 21. 1. On and after the first day of July, Anno Domini one thousand eight hun- 13 April 1887 § 1. dred and eighty-seven, the mean solar time of the seventy-fifth meridian of longitude west of Greenwich, commonly called eastern standard time, shall be the sole Uniform standard and uniform legal standard of time throughout this commonwealth; and, on and of time established. after the date aforesaid, all days shall be everywhere taken to begin and end in accordance with said standard: and every mention of or reference to any hour or time in any or all existing future acts of assembly, municipal ordinances, and corporate by-laws, in any and all existing or future rules or regulations adopted by any public officer, or official board, in any and all rules of the courts of the commonwealth or any of them, whether standing or special, and whether now in force or hereafter to be promulgated, in any and all of said orders, judgments and decrees of said courts or any of them, and judgments and sentences of magistrates pronounced or entered on after the date aforesaid, in any and all contracts, deeds, wills and notices, and in the transaction of all matters of business, public, legal, commercial or otherwise, shall be construed with reference to and in accordance with the said standard hereby adopted, unless a different standard is therein ex- reference to pressly provided for: Provided, however, That this act shall not operate to impose upon any person any forfeiture of rights, or subject him to the consequences of any default, by reason of any failure occurring prior to the date aforesaid to comply with the requirement of or do any act under or in pursuance of any law, ordinance, contract, notice, deed, will, regulation, rule, order, judgment, sentence or decree, if such person shall, before the said date, have properly done the act or acts, which would be requisite to save such forfeiture, or prevent such default, had this law not been enacted. All business to be transacted with standard. Proviso. 2. Whenever, at any time between the passage of this act and the first day of Ibid. § 2. July, one thousand eight hundred and eighty-seven, any contract, deed, will, notice, Construction of order, judgment, sentence or decree shall mention or refer to any time prior to the time prior to date aforesaid, or fix any period for the doing of any act expiring prior to said date, July 1, 1887. the construction thereof shall be unaffected by the provisions of this act; but as to any mention of or reference to any time subsequent to the last day of June, one Subsequent to thousand eight hundred and eighty-seven, or the fixing of any period expiring sub- June 30, 1897. sequent to the date last aforesaid, the construction of the same shall be subject to the provisions of the first section of this act. time. P. L. 136. 3. Where by any existing law or rule of court, or by any law or rule of court that 20 June 1883 § 1. may hereafter be enacted, and made the performance of doing of any act, duty, matter, payment or thing, shall be ordered and directed, and where any court shall, Computation of by special or other order, direct the performance or doing of any act, matter, payment, sentence or decree, and the period of time or duration for the performance or doing thereof shall be prescribed and fixed, such time in all cases shall be so computed as to exclude the first, and include the last days of any such prescribed or fixed period, or duration of time: Provided, That whenever the last day of any such period shall fall on Sunday, or on any day made a legal holiday by the laws of this commonwealth, or of the United States, such day shall be omitted from the computation: And provided, That this act shall not apply to the payment of negotiable paper.(i) (i) This act has no retroactive operation. Edmundson v. Wragg, 104 P. S. 500. Where rights are acquired by virtue of an act performed and the continuance of a certain state of facts for a prescribed period, this act does not apply; the computation of time must be made most favorable to the parties whose rights are affected thereby. Overseers v. Overseers, 148 P. S. 333. This act does not apply in calculating the residence of a pauper in fixing his settlement. Overseers of Cascade Township v. Lewis Township, 11 C. C. 282. |